§ 105-130.10. Amortization of air-cleaning devices, waste treatment facilities and recycling facilities. - North Carolina Statutes

§105‑130.10.  Amortization of air‑cleaning devices, waste treatmentfacilities and recycling facilities.

In lieu of any depreciationallowance, at the option of the corporation, a deduction shall be allowed forthe amortization, based on a period of 60 months, of the cost of:

(1)        Any air‑cleaningdevice, sewage or waste treatment plant, including waste lagoons, and pollutionabatement equipment purchased or constructed and installed which reduces theamount of air or water pollution resulting from the emission of aircontaminants or the discharge of sewage, industrial waste, or other pollutingmaterials or substances into the outdoor atmosphere or streams, lakes, rivers,or coastal waters. The deduction provided herein shall apply also to thefacilities or equipment of private or public utilities built and installedprimarily for the purpose of providing sewer service to residential andoutlying areas. The deduction provided for in this subdivision shall be allowedby the Secretary of Revenue only upon the condition that the corporationclaiming such allowance shall furnish to the Secretary a certificate from theDepartment of Environment and Natural Resources or from a local air pollutioncontrol program for air‑cleaning devices located in an area where the EnvironmentalManagement Commission has certified a local air pollution control programpursuant to G.S. 143‑215.112 certifying that the Environmental ManagementCommission or local air pollution control program has found as a fact that theair‑cleaning device, waste treatment plant or other pollution abatementequipment purchased or constructed and installed as above described hasactually been constructed and installed and that such construction, plant orequipment complies with the requirements of the Environmental ManagementCommission or local air pollution control program with respect to such devices,construction, plants or equipment, that such device, plant or equipment isbeing effectively operated in accordance with the terms and conditions set forthin the permit, certificate of approval, or other document of approval issued bythe Environmental Management Commission or local air pollution control program,and that the primary purpose thereof is to reduce air or water pollutionresulting from the emission of air contaminants or the discharge of sewage andwaste and not merely incidental to other purposes and functions.

(2)        Purchasing andinstalling equipment or constructing facilities for the purpose of recycling orresource recovering of or from solid waste, or for the purpose of reducing thevolume of hazardous waste generated. The deduction provided for in thissubdivision shall be allowed by the Secretary of Revenue only upon thecondition that the corporation claiming such allowance shall furnish to theSecretary a certificate from the Department of Environment and NaturalResources certifying that the Department of Environment and Natural Resourceshas found as a fact that the equipment or facility has actually been purchased,installed or constructed, that it is in conformance with all rules andregulations of the Department of Environment and Natural Resources, and thatrecycling or resource recovering is the primary purpose of the facility orequipment. (1939, c. 158, s. 322; 1941, c. 50, s. 5; 1943, c.400, s. 4; c. 668; 1945, c. 708, s. 4; c. 752, s. 3; 1947, c. 501, s. 4; c.894; 1949, c. 392, s. 3; 1951, c. 643, s. 4; c. 937, s. 4; 1953, c. 1031, s. 1;c. 1302, s. 4; 1955, c. 1100, s. 1; c. 1331, s. 1; cc. 1332, 1342; c. 1343, s.1; 1957, c. 1340, ss. 4, 8; 1959, c. 1259, s. 4; 1961, c. 201, s. 1; c. 1148;1963, c. 1169, s. 2; 1965, c. 1048; 1967, c. 1110, s. 3; 1969, c. 817; 1973, c.476, s. 193; c. 1262, s. 23; 1975, c. 764, s. 3; 1977, c. 771, s. 4; 1981, c.704, s. 19; 1987, c. 804, s. 4; 1989, c. 148, s. 2; c. 727, ss. 218(40),219(28); 1997‑443, s. 11A.119(a).)